TERMS OF USE

“User” – a person who uses and/or access computer software and/or material via the Evergeen Lifestyle Villages website.

“Evergeen Lifestyle Villages” – this website, its sponsors, affiliates and creators.

“Software” – including but not limited to any images or files incorporated in or generated by the software or data accompanying such software.

“Material” – including, but not limited to, text, submissions, images, audio and/or video, in whole or in part.

“Content” – including, but not limited to, software and material.

“Submissions” – including, but not limited to, notes, images, creative materials, ideas, suggestions concepts, communication including any data, questions, comments and other information submitted in the Evergeen Lifestyle Villages website via transmission by electronic mail or otherwise.

“Forums” including but not limited to bulletin boards, chat rooms and other public areas found on the Evergeen Lifestyle Villages website.

INTRODUCTION

In this agreement, unless it appears to the contrary, the singular shall include the plural and vice versa; any reference to any gender shall also include the opposite gender; and any reference to a natural person shall include legal person and vice versa.

TRADEMARK/COPYRIGHT AND RESTRICTIONS ON USE

The Evergeen Lifestyle Villages website consists of content that is derived entirely, or in part, from content supplied by Evergeen Lifestyle Villages and other sources. Said content is protected under applicable South African copyright and trademark laws, international trademarks, and copyright laws and conventions.

The user may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse-engineer or disenable, display, distribute, or in any way exploit any of the content, that being software and/or material; except insofar as the user may download one copy of the content on any single computer for the user’s personal, non-commercial home use only; and provided that all proprietary notices and restrictions attached to the content are kept intact, unless expressly permitted by the website, or unless prior written consent has been obtained from Evergeen Lifestyle Villages. Requests for permission regarding any issue relating to the content which fall within the ambit of the limitations stated above, can be made by contacting the Evergeen Lifestyle Villages contact person listed.

The user is also strictly prohibited from creating works and/or software materials derived from, or based on, the contents found on this website. The prohibition applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.

ACCESS AND AVAILABILITY OF SERVICE AND LINKS

Evergeen Lifestyle Villages contains links to related websites. No inference can be made or representation implied that Evergeen Lifestyle Villages is connected with, operates or controls these linked websites. Whether or not these linked websites are in fact affiliated with Evergeen Lifestyle Villages, Evergeen Lifestyle Villages is not responsible for the content on the aforementioned websites. The linked websites are for the user’s convenience only and the user’s access thereto is at the user’s own risk. When visiting linked websites, the user must refer to that website’s individual terms of use and cannot rely on the terms of this agreement.

SUBMISSIONS/BULLETIN BOARDS/FORUMS/BLOGS/USER-GENERATED CONTENT

Any submissions shall be deemed to be and remain the exclusive property of Evergeen Lifestyle Villages. The various forms of content, which are found on the Evergeen Lifestyle Villages website, shall be deemed to remain the exclusive property of Evergeen Lifestyle Villages.

Evergeen Lifestyle Villages has the right, but not the obligation, to monitor and review submissions from users. Evergeen Lifestyle Villages shall not be responsible for any of the content of these messages.

Evergeen Lifestyle Villages further reserves the right to delete, move or edit submissions that Evergeen Lifestyle Villages, in its exclusive discretion, deems abusive, defamatory, obscene, in violation of any copyright or trademark laws, or otherwise objectionable.